senate Bill S3500

Provides for time frames within certain actions must be taken relating to elections, special elections and military ballots

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Feb / 2011
    • REFERRED TO ELECTIONS
  • 28 / Feb / 2011
    • 1ST REPORT CAL.100
  • 01 / Mar / 2011
    • 2ND REPORT CAL.
  • 02 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 03 / Mar / 2011
    • SUBSTITUTED BY A5698

Summary

Provides for time frames within which certain actions must be taken relating to elections, special elections and military ballots.

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Bill Details

See Assembly Version of this Bill:
A5698
Versions:
S3500
Legislative Cycle:
2011-2012
Law Section:
Public Officers Law
Laws Affected:
Amd §42, Pub Off L; amd §§4-112, 4-114, 9-214, 10-108 & 11-204, El L

Votes

8
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8
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Elections committee vote details

Sponsor Memo

BILL NUMBER:S3500

TITLE OF BILL:

An act
to amend the public officers law and the election law, in relation to
time frames within certain actions must be taken

PURPOSE:

This bill would amend certain provisions of the Public Officers Law
and the Election Law to provide county boards of elections additional
time prior to special elections in order to allow military ballots
to be timely mailed to voters in compliance with the federal
Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA"), 42
U.S.C. §§ 1973ff-1973ff-7, as amended by the Military and Overseas
Voter Empowerment Act, Pub. L. No. 111-84, Subtitle H, §§ 575-589,
123 Stat. 2190, 2318-2335 (2009) ("MOVE Act").

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Public Officers Law § 42(3) to
enlarge the period between the announcement of a special election and
the date of that election by forty days. As a result, the special
election would be held between seventy and eighty days from its
announcement, rather than between thirty and forty days.

Section 2 of the bill would amend Election Law § 4-112 to change the
date by which the State Board of Elections must certify certain
information concerning the candidates for election to the applicable
county boards of elections from thirteen days to fifty-three days
before a special election.

Section 3 of the bill would amend Election Law § 4-114 to change the
date by which county boards of elections must determine the
candidates and ballot questions that will be on the ballot from
twelve to fifty three days before a special election.

Section 4 of the bill would amend Election Law § 9-214 to provide that
each county board of elections shall transmit to the Secretary of
State the election results within twenty days after a special election.

Sections 5 and 6 of the bill would amend Election Law § 10-108(1) and
Election Law § 11-204(4), respectively, to provide that military
ballots shall be transmitted not later than forty-five days before a
special election.

Section 7 of the bill would provide that this act shall take effect
immediately.

STATEMENT IN SUPPORT:

The existing provisions of the Public Officers Law and Election Law do
not provide sufficient time for the State and county boards of
elections to finalize and transmit to military voters overseas the
final ballot within 45 days of a special election as required by the


federal UOCAVA and Move Act. The changes to those provisions in
this bill would, among other related changes, remedy that problem by
providing additional time for election officials to finalize and
transmit military ballots and requiring that such transmission occur
earlier than under existing law.
Without the passage of this bill, New York State laws will remain in
conflict with the requirements of federal law and certain military
voters will not timely receive final ballots to complete and cast.

BUDGET IMPLICATIONS:

This legislation is not expected to have a significant impact on the
budget.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3500

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced by Sens. O'MARA, BALL -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Elections

AN ACT to amend the  public  officers  law  and  the  election  law,  in
  relation to time frames within certain actions must be taken

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 42 of the public officers law,  as
amended  by  chapter  105  of  the  laws  of 1943, is amended to read as
follows:
  3. Upon the failure to elect to any office, except that of governor or
lieutenant-governor, at a general or special  election,  at  which  such
office is authorized to be filled, or upon the death or disqualification
of  a  person  elected  to  office before the commencement of his OR HER
official term, or upon the occurrence  of  a  vacancy  in  any  elective
office  which  cannot be filled by appointment for a period extending to
or beyond the next general election at which a  person  may  be  elected
thereto,  the governor may in his OR HER discretion make proclamation of
a special election to fill such office, specifying the district or coun-
ty in which the election is to be held, and the day thereof, which shall
be not less than [thirty] SEVENTY nor more than [forty] EIGHTY days from
the date of the proclamation.
  S 2. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 434 of the laws of 1984, is amended to read as follows:
  1.  The state board of elections not later than thirty-six days before
a general election, or [thirteen]  FIFTY-THREE  days  before  a  special
election,  shall  certify to each county board of elections the name and
residence of each candidate nominated in  any  valid  certificate  filed
with  it  or by the returns canvassed by it, the title of the office for
which nominated; the name of the party or body specified of which he  is
a  candidate;  the  emblem  chosen  to distinguish the candidates of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12012-05-1

S. 3500                             2

party or body; and a notation as to whether or  not  any  litigation  is
pending  concerning the candidacy. Upon the completion of any such liti-
gation, the state board of elections shall forthwith notify  the  appro-
priate county boards of elections of the results of such litigation.
  S  3.  Section 4-114 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
  S 4-114. Determination of candidates and questions;  county  board  of
elections.    The  county board of elections, not later than the thirty-
fifth day before the day of  a  primary  or  general  election,  or  the
[twelfth] FIFTY-THIRD day before a special election, shall determine the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
  S  4.  The  second  undesignated  paragraph  of  section  9-214 of the
election law, as amended by chapter 234 of the laws of 1976, is  amended
to read as follows:
  The board of elections shall transmit to the secretary of state within
twenty-five  days after a general election, and within [ten] TWENTY days
after a special election, a list of the  names  and  residences  of  all
persons  determined  by the canvassing board to be elected to any county
office.
  S 5. Paragraph (a) of subdivision 1 of section 10-108 of the  election
law,  as  amended by chapter 104 of the laws of 2010, is amended to read
as follows:
  (a) Ballots for military voters shall be mailed or otherwise  distrib-
uted  by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to  section  10-107  of
this  article,  AS  SOON  AS PRACTICABLE BUT IN ANY EVENT not later than
thirty-two days before a primary or general election;  twenty-five  days
before  a  New  York  city  community  school  board district or city of
Buffalo  school  district  election;  fourteen  days  before  a  village
election  conducted  by  the board of elections; and [twelve] FORTY-FIVE
days before a special election. A voter who submits  a  military  ballot
application  shall  be entitled to a military ballot thereafter for each
subsequent election through and including the next two regularly  sched-
uled  general  elections held in even numbered years, including any run-
offs which may occur; provided, however, such application shall  not  be
valid for any election held within seven days after its receipt. Ballots
shall  also  be  mailed  to  any qualified military voter who is already
registered and who requests such military  ballot  from  such  board  of
elections  in a letter, which is signed by the voter and received by the
board of elections not later than the seventh day  before  the  election
for which the ballot is requested and which states the address where the
voter is registered and the address to which the ballot is to be mailed.
The board of elections shall enclose with such ballot a form of applica-
tion  for  military ballot. In the case of a primary election, the board
shall deliver only the ballot of the party with which the military voter
is enrolled according to the military voter's registration  records.  In
the  event  a  primary  election  is uncontested in the military voter's
election district for all offices or positions except the party position
of member of the ward, town, city or county committee, no  ballot  shall
be  delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will  not  receive  a
ballot.
  S  6.  Subdivision 4 of section 11-204 of the election law, as amended
by chapter 104 of the laws of 2010, is amended to read as follows:

S. 3500                             3

  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than thirty-two days before  each
general  or  primary  election  and [twelve] FORTY-FIVE days before each
special election in which such applicant is qualified to vote, or  three
days  after  receipt of such an application, whichever is later, mail to
him or her at the residence address outside the United States  shown  in
his  or  her application, a special federal ballot, an inner affirmation
envelope and an outer envelope, or  otherwise  distribute  same  to  the
voter in accordance with the preferred method of transmission designated
by  the  voter  pursuant  to  section 11-203 of this title. The board of
elections shall also mail, or otherwise distribute  in  accordance  with
the preferred method of transmission designated by the voter pursuant to
section  11-203  of this title, a special federal ballot to every quali-
fied special federal voter who is already registered  and  who  requests
such  special  federal  ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections  not
later  than  the seventh day before the election for which the ballot is
first requested and which states the address where the voter  is  regis-
tered and the address to which the ballot is to be mailed.  The board of
elections  shall  enclose  with  such ballot a form of application for a
special federal ballot.
  S 7. This act shall take effect immediately.

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